UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
MICHAEL ALLEN,
Petitioner-Appellant,
v. No. 00-6903
JOHN TAYLOR, Warden,
Respondent-Appellee.
Appeal from the United States District Court
for the Eastern District of Virginia, at Richmond.
David G. Lowe, Magistrate Judge.
(CA-00-117)
Submitted: September 20, 2000
Decided: October 10, 2000
Before LUTTIG and TRAXLER, Circuit Judges, and
HAMILTON, Senior Circuit Judge.
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Dismissed in part, vacated in part, and remanded with instructions by
unpublished per curiam opinion.
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COUNSEL
Michael Allen, Appellant Pro Se. Stephen R. McCullough, Assistant
Attorney General, Richmond, Virginia, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Michael Allen seeks to appeal the magistrate judge's* order deny-
ing relief on his petition filed under 28 U.S.C.A.§ 2254 (West 1994
& Supp. 2000). We have reviewed the record and the magistrate
judge's opinion and have determined that additional factual determi-
nations are required regarding Allen's claim of ineffective assistance
of counsel on appeal, in light of the Supreme Court's decision in Roe
v. Flores-Ortega, 528 U.S. ___, 120 S. Ct. 1029 (2000). Because the
analysis prescribed by Roe is highly fact-specific, we conclude that
it should be performed by the district court in the first instance.
Accordingly, we grant a certificate of appealability as to Allen's
claim of ineffective assistance relating to counsel's failure to demand
review by a panel of the Court of Appeals of Virginia or petition the
Supreme Court of Virginia for review, vacate the portions of the mag-
istrate judge's order relating to that issue, and remand for further con-
sideration in light of Roe.
We have reviewed the magistrate judge's disposition of Allen's
remaining claims and find no reversible error. We therefore deny a
certificate of appealability and dismiss the appeal on the reasoning of
the district court as to those claims. See Allen v. Taylor, No. CA-00-
117 (E.D. Va. June 13, 2000). We deny Allen's motion for oral argu-
ment because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the deci-
sional process.
DISMISSED IN PART, VACATED IN PART,
AND REMANDED WITH INSTRUCTIONS
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*The parties consented to proceed before a magistrate judge pursuant
to 28 U.S.C.A. § 636(c) (West 1993 & Supp. 2000).
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